Ndaba obo P.N.H v Road Accident Fund (942/18) [2022] ZAMPMHC 27 (15 December 2022)

Ndaba obo P.N.H v Road Accident Fund (942/18) [2022] ZAMPMHC 27 (15 December 2022)

The court accepted the expert evidence that the minor child, due to moderate to severe brain injury and associated neurocognitive and physical impairments, will remain at best a semiskilled worker with restricted career prospects and earning capacity. The actuarial calculation was accepted as correct except for the contingency deductions. The court found that a 25% contingency for pre-accident earnings was too low given the claimant's age at the time of the accident and the difficulty in predicting future scholastic and career achievement. A 40% contingency was applied to pre-accident earnings. Conversely, the 40% contingency applied to post-accident earnings was deemed too high and...

Citation
[2022] ZAMPMHC 27
Parties
Plaintiff: Ndaba Sibongile Anna o.b.o P N H; Defendant: Road Accident Fund
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
15 December 2022
Case Number
942/18
Procedural Posture
Civil Trial / Quantum Determination After Liability and General Damages Settled
Outcome
Plaintiff's claim for loss of earnings/earning capacity is upheld; quantum determined and orders granted as per draft order.
Judges
Mkhawane
Legal Topics
Loss of Earning Capacity, Contingency Deductions, Road Accident Fund Act, Quantum of Damages, Future Medical Expenses
Delict Loss of Earning Capacity Contingency Deductions Road Accident Fund Act Quantum of Damages Future Medical Expenses

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Parties

Ndaba Sibongile Anna o.b.o P N H

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability and General Damages Settled

Legal Issues

  1. 1 What is the appropriate contingency deduction for pre-accident and post-accident earnings for a young child injured in a motor vehicle accident?
  2. 2 What is the quantum of damages for loss of earnings or earning capacity suffered by the minor child?
  3. 3 Is the actuarial calculation and expert evidence sufficient to determine the plaintiff's claim for loss of earnings?

Ratio Decidendi

The court accepted the expert evidence that the minor child, due to moderate to severe brain injury and associated neurocognitive and physical impairments, will remain at best a semiskilled worker with restricted career prospects and earning capacity. The actuarial calculation was accepted as correct except for the contingency deductions. The court found that a 25% contingency for pre-accident earnings was too low given the claimant's age at the time of the accident and the difficulty in predicting future scholastic and career achievement. A 40% contingency was applied to pre-accident earnings. Conversely, the 40% contingency applied to post-accident earnings was deemed too high and...

Court Disposition

Plaintiff's claim for loss of earnings/earning capacity is upheld; quantum determined and orders granted as per draft order.

Orders

  • The defendant shall pay the plaintiff the sum of R6,664,708.00 in respect of loss of earnings.
  • The amount is to be paid within 180 days of the court order.